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Fighting breast cancer and trying to keep her job processing and packaging turkey meat, Marie Marc arrived for her shift at Butterball’s sprawling Mount Olive plant on Sept. 18, 2023.
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But her key card no longer worked.
Marc and her daughter had repeatedly contacted Butterball’s third-party benefits administrator, Voya Financial Inc., seeking time off for Marc to attend chemotherapy appointments and recover from treatment, according to a federal lawsuit.
Instead of reporting to the processing line, Marc, who speaks almost exclusively Haitian Creole, was directed to human resources. With a coworker interpreting, Marc was told she had been fired, despite the doctor’s note she carried, the lawsuit alleges.
Nearly three years later, Butterball has agreed to payments totaling $230,000, according to court documents. The company, with its headquarters in Garner, also agreed to changes intended to ensure that the company and its third-party benefits administrators protect the rights of workers with diseases and disabilities, including those who don’t speak English.
In the agreement, Butterball denied the allegations and maintains that it didn’t break the law.
“At Butterball, our team members are at the heart of everything we do, and we are dedicated to creating an environment where people feel supported, celebrated and connected,” said a statement provided by a company spokesperson.
The U.S. Equal Employment Opportunity Commission filed the lawsuit in March, alleging that Butterball failed to reasonably accommodate Marc’s cancer treatments and then fired her for missing too much work, The News & Observer previously reported. The commission is the federal agency responsible for administering, interpreting and enforcing the Americans with Disabilities Act.
Butterball hired Marc in January 2013 as an employee on the line that debones and packages turkey.
Like a “significant number” of other employees at the plant who do not speak English, Marc relied on coworkers to interpret, the complaint states.
After being diagnosed with breast cancer in 2023, she needed time away from the processing line for chemotherapy treatment.
On Aug. 24, 2023, Marc and her daughter contacted Voya to request medical leave. With her daughter serving as an interpreter, Marc was directed to an online claims process, which they completed, according to the complaint.
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Marc missed several shifts in August and September and gave Butterball a note from her medical provider. She nevertheless received a warning that she could be fired for additional “unexcused absences,” the complaint states.
Marc worked the following day but missed the next five days after receiving treatment.
During that time, Marc and her daughter repeatedly contacted Voya for an update. Instead of helping Marc secure medical leave, Voya transferred the request between two departments without resolving the claim, according to the complaint.
Meanwhile, Butterball removed Marc from the schedule and deactivated her badge.
Marc later filed a discrimination charge with the commission. Butterball responded to the allegations, and in December 2025, the commission found reasonable cause to believe that the company had violated the Americans with Disabilities Act by not giving Marc time off and then firing her for absences.
After the commission and the government could not resolve the allegations, the commission filed the lawsuit.
Under the agreement approved by a federal judge on Tuesday, Butterball will pay Marc $153,341, which includes back wages. Butterball will pay an additional $76,659 in attorneys’ fees, bringing the total settlement to $230,000.
The agreement requires the company to ensure that third-party benefits administrators maintain effective policies for handling leave and disability-related requests, update and share its polices and require training.
Butterball must also designate an internal liaison to help employees submit and follow up on requests with third-party administrators and provide interpreters during employment-related conversations. Employers with third-party benefits administrators must ensure that effective policies and procedures are in place, said Melinda C. Dugas, a regional attorney for the commission.
“An employer cannot delegate its responsibility for complying with the ADA,” Dugas said in a statement.
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This story was originally published September 16, 2026 at 5:29 AM.